Pitts Ex Rel. Pitts v. Fred Weber Contractor, Inc.

SMITH, Commissioner.

This appeal reaches us following the trial court’s action sustaining defendant’s motion for judgment in accordance with its motion for a directed verdict, which set aside a judgment of $7500 based upon a jury verdict. The court also and alternatively, sustained the defendant’s motion for new trial based upon error in the plaintiff’s verdict-directing instruction.

Plaintiff, nine years and four months old at the time of the accident, was injured when he fell off a bluff eighty feet high, located on the right-of-way of 1-55 at the foot of Kosciusko Street in the City of St.…